The current version of Rule 15 of the Federal Rules of Criminal Procedure allows a party in a criminal case to depose a witness only to “preserve testimony for trial” in “extraordinary circumstances.” By contrast, Rule 30 of the Federal Rules of Civil Procedure allows a party in a civil case to depose a witness for purposes of discovery (not just to memorialize potential trial testimony) as long as the witness has information relevant to the case. The broader availability of depositions makes it much easier to obtain information from witnesses in a civil case than it is in a criminal case during the pretrial process.
The Committee on Rules of Practice and Procedure is considering studying whether to broaden the ability to depose witnesses in a criminal case. A handful of states, in fact, already permit civil-style depositions in criminal cases.
Drawing on their decades of experience as former public defenders and current civil rights litigators, Flowers Keller wrote a letter to the Committee in support of amending Rule 15. The letter is available here. The letter highlights how depositions in civil wrongful conviction cases have helped expose police misconduct and argues that a similar tool should be available before conviction. It makes little sense to give someone a tool to help uncover the truth that is available only after they have been wrongfully convicted. Permitting depositions in criminal cases will help prevent the wrongful conviction to begin with and, as the letter explains, “smooth out this incongruity between civil and criminal cases.”
To date, over 3,749 people have been officially exonerated via the criminal legal system. But, thousands more have been wrongfully convicted and are still waiting to see justice. The firm’s submission joins a long list of other voices calling for reform of Rule 15 to ensure greater fairness in the criminal legal system.
We are proud to announce that Best Lawyers recognized Flowers Keller in its 2026 law firm rankings of best law firms. The recognition is for the firm's nationwide criminal defense work, which is highlighted in the firm's three-part mission. The firm's mission and culture are rooted in the experience of each lawyer having first served the public as a public defender. Additionally, Best Lawyers individually recognized Kobie Flowers for his work in all aspects of criminal defense.
On September 19, Kobie Flowers moderated a trial panel with the Honorable Judges Richard F. Boulware and Paula Xinis in Washington, DC. They covered all components of a trial from voir dire, opening statement, direct examination, cross examination to closing argument. For their insight on this trial panel, they were awarded the highest evaluation score among all NACDL panelists by the conference attendees of lawyers, judges, and politicians.
On July 1, 2025, Flowers Keller welcomed attorney Paul Barr to the firm as partner.
Paul was a Fellow at the Equal Justice Initiative from 2004 to 2006 in Montgomery, Alabama, where he represented people facing the death penalty. In the nineteen years since, he has represented hundreds of clients, presented trainings, and written chapters of a nationally renowned treatise for federal criminal law practitioners.
Before joining the firm, Paul spent seventeen years as a public defender at the federal defender’s office in San Diego, California.
For more information about Paul or to get in contact, visit our team page.
On June 25th, Doug gave a virtual presentation on “Strategies for Defending § 1325 cases” on behalf of the Federal Defender Training Division. The illegal-entry charge is one of the most common crimes prosecuted in federal court, and Doug spoke to criminal defense attorneys on how to raise issues in the trial court and on appeal in these cases. The seemingly simple illegal-entry statute is actually quite complex, and those complexities allow defense attorneys to raise righteous defenses. Doug spoke about those defenses and how attorneys can make the government regret its choice to bring these charges.
If you have a client charged with illegal entry and you’d like to chat about possible defenses and motions, please feel free to email Doug at dkeller@flowerskeller.com.
On June 5th, Doug presented at a conference in San Antonio, Texas put on by the Center for American and International Law. The conference—titled, “Immigration and Padilla”—focused on the intersection of immigration law and criminal law, particular in the age of Trump. Doug spoke about the novel efforts that he had made to help his noncitizen clients obtain dismissal of their state criminal charges after the federal government had ordered them deported.
We are a proud sponsor of the Mid-Atlantic Innocence Project’s 25th Anniversary gala that will take place on May 16th. Many of our clients worked with the talented people at the Mid-Atlantic Innocence Project to win their freedom. It is crucial that the organization have funding to pay experts, investigators, and other key elements to do their vital work. We’re happy to contribute to help ensure its success.
From its inception 25 years ago, Kobie has long been involved with the Mid-Atlantic Innocence Project. He contributed pro bono work to the organization by representing a witness in an exoneration case, served on its board, and represented its clients in civil rights cases.
From May 14 to May 16, Kobie will teach at the Forum on Corporate Enforcement (FOCE). FOCE is an invitation-only gathering of some of the best white-collar criminal defense attorneys and general counsel in America. FOCE convenes yearly to discuss the hot topics in the white-collar criminal defense space. This year Kobie is teaching FOCE’s lead-off session on public corruption with fellow lawyer Edward Castaing. Kobie also serves on the Steering Committee for FOCE.